South Dakota Supreme Court
State v. Wilson
July 15, 20202020 S.D. 41
Summary
The South Dakota Supreme Court affirmed the circuit court’s convictions and affirmed the denial of Wilson’s motion for judgment of acquittal, while remanding to remove the domestic assault designations and associated $25 domestic‑violence fees. The court held that none of Wilson’s plain‑error claims – concerning evidentiary admission, the prosecutor’s closing remarks, or his arrest statements – met the stringent plain‑error standard, and that the domestic‑relationship notation was not an essential element of the offenses. The opinion also concluded that the post‑sentencing modification hearing, though conducted without the defendant, did not prejudice his rights.
Holding
- Whether the circuit court committed plain error when it allowed allegedly inadmissible evidence at trial. The circuit court did not commit plain error; the admitted evidence was permissible under established hearsay exceptions and the error was not plain or prejudicial.
- Whether the circuit court committed plain error by not intervening during the State’s closing arguments. The circuit court’s failure to intervene did not constitute plain error because the prosecutor’s comment, though improper, did not demonstrably affect Wilson’s substantial rights.
- Whether the circuit court committed plain error when it allowed statements Wilson made during his arrest. The circuit court did not commit plain error; Wilson’s statements were voluntary, unprompted, and thus not subject to the Miranda rule.
- Whether the circuit court erred when it denied Wilson’s motion for judgment of acquittal. The denial was proper; the domestic designation is not an essential element of aggravated or simple assault, so the convictions stand.
- Whether the circuit court erred when it held a sentence‑modification hearing without Wilson or a court reporter present. The court did not err; although the defendant was absent, no prejudice was demonstrated and the error, if any, was harmless.
Docket 28742